David’s secret weapon against Goliath
Published January 28th, 2021
As a former investigative reporter-turned-personal injury attorney, one of the sharpest arrows in my quiver is the Florida Public Records Act, Chapter 119 of Florida Statues.
The Public Records Act decrees that it is the policy of the state that its records shall be open to the public. When investigating certain accidents, this can be invaluable.
Three best practices:
- Identify the records custodian to whom you direct your request by name. That way, if you have to sue, you will have a specific individual you can name as defendant, such as “John Jones, Public Works Director as Records custodian, City Public Works Department.”
- If the records aren’t produced after a reasonable time, say at least 30 days, you must send a Notice of Intent to sue so that you will be entitled to an attorney’s fee if you have to sue.
- If then the records are not forthcoming, you have the right to sue in circuit court, and recover in addition to the records, attorney’s fees and court costs.
